HomeMy WebLinkAbout2001/09/04 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES
ST. LOUIS CITY COUNCIL MEETING
PARK ST. LOUIS PARK, MINNESOTA
September 4, 2001
1. Call to Order and Roll Call
Mayor Jacobs called the meeting to order at 7:32 p m
The following Councilmembers were present at roll call: Jim Brimeyer, Chns Nelson, Susan
Sanger, Sue Santa, Robert Young, Ron Latz, and Mayor Jeff Jacobs.
Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott);Director of
Finance (Ms. McGann); Community Development Director(Mr Harmening); Planning and
Zoning Supervisor (Ms. Jeremiah), Planner(Mr. Smith); Environmental Health Official (Mr.
Camilon); and Recording Secretary (Ms Samson)
2. Presentations--None
3. Approval of Minutes
a. City Council Minutes of August 20, 2001
The minutes were approved as presented.
b Study Session Minutes of August 13, 2001
The minutes were approved with the following change:
Councilmember Sanger said on Page 15, Item 2 Personnel Policy Update, Paragraph 3, Line
4, "providing they was" should read "providing there was".
4. Approval of Agenda and Consent Items
NOTE: Consent items are those items of business which are considered to be routine and/or
which need no discussion Consent items are acted upon by one motion. If discussion is
desired by either a Councilmember or a member of the audience, that item may be moved to
an appropriate section of the regular agenda for discussion.
4a. Agenda
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve
the agenda.
The motion passed 7-0.
Council Meeting Minutes -2- September 4, 2001
4b. Consent Agenda
It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the
following Consent Agenda items.
The motion passed 7-0.
1. Adopt Resolution No. 01-092 approving 2002-2006 Capital Improvement
Program (CIP) and amending the Comprehensive Plan to incorporate the CIP.
amending the St. Louis Park Municipal Code concerning employees of the City
2. Approve Ordinance No. 2204-01 amending the St. Louis Park Municipal Code
concerning employees of the City of St.Louis Park by deleting Chapter 3:
Personnel, approve the ordinance summary and authonze summary publication.
3. Approve six resolutions, Resolution Nos. 01-093,01-094,01-095,01-096,01-
097, and 01-098 related to the Park Commons title.
4. Approve Ordinance No. 2206-01 rezoning from R4 to C2 for the property
located at 1409 and 1413 Colorado Avenue South ,Evan Johnson (Thermetic
Products Inc.), approve summary ordinance and authonze publication. Case No.
01-38-Z
5. Resolutions to amend and correct Resolution No. 00-69 granting approval of final
PUD and plat for Mill City Addition. Adopt Resolution No.01-099 approving
final PUD for Mill City Addition. Adopt Resolution No. 01-100 approving final
plat for Mill City Addition.
6. Adopt and approving final payments listed below:
Allied Blacktop Company $75,390.93 Resolution No. 01-102
Contract No. 43-01
Contract sealcoating
Thomas & Sons $26,759.59 Resolution No. 01-101
Contract No. 71-00
Storm Sewer ponds and lift stations
7. Accept the following reports for filing:
a. Telecommunications Advisory Commission Minutes of May 10, 2001
b. Vendor Claims
5. Public Hearings
5a. Public Hearing—Park Nicollet Private Activity Revenue Bonds
Resolution No. 01-084
Ms. Jean McGann,Director of Finance, reported Park Nicollet Health Care Services is
asking the City to issue up to $10,000,000 in Pnvate Activity Revenue Bonds for the
purchase of equipment for Park Nicollet.
Council Meeting Minutes -3- September 4, 2001
Mr. David I. Cooke, Senior Vice President and CFO of Park Nicollet, said the loan will
be used to finance medical equipment at the Park Center campus and at Methodist
Hospital.
Councilmember Sanger asked if the proceeds would only be used by the non-profit
entities of Park Nicollet Mr. Cooke said the proceeds would be used only by the
nonprofit entities of the hospital and clinic
Ms. McGann said Kennedy and Graven has reviewed all materials. She said the
purchase of equipment falls into regulations and, therefore, is acceptable. Mr. Cooke
said the financing will be amortized over the estimated useful life of the equipment
which will vary between five to seven years.
It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt
Resolution 01-084 to issue Private Activity Revenue Bonds for Park Nicollet Health
Care Services in an amount not to exceed$10,000,000.
The motion passed 7-0.
Mayor Jacobs asked on what are the revenue bonds secured, and Mr. Cooke replied the
security interest is in the equipment.
5b. Public Hearing to Consider Compensation of the Mayor and City
Councilmembers and Resolution revising salaries for the Economic
Development Authority President and Commissioners
Resolution No. 01-085
Mr. Meyer, City Manager, mentioned two issues regarding compensation and revised
salanes: The time period for amending compensation for elected officials is governed
by statute and, on a two-year window, Council must act prior to new Councilmembers
taking office on January 1, 2002; and the revised salanes of elected officials for the City
would fall within the norm of the range for elected officials for larger cities in the metro
area, the modest increases are for$200-300 per year.
It was moved by Councilmember Brimeyer, seconded by Councilmember Latz, to waive
the first reading of the ordinance modifying Mayor and City Councilmember
compensation, and set second reading for September 24, 2001, and adopt Resolution
01-085 amending the compensation and reimbursement of the Commissioners of the
Economic Development Authority.
The motion passed 7-0.
6. Requests, Petitions, and Communications from the Public--None
7. Resolutions, Ordinances, Motions
7a. Approve preliminary property tax levy, budget for the 2002 fiscal year, and
revisions to the 2001 adopted budget; and cancel the 1987A GO Improvement
bond levy Resolution No. 01-086
Council Meeting Minutes -4- September 4, 2001
The City Manager, Mr. Meyer, proffered this cautionary statement: The changes in tax
legislation in Minnesota are so significant that it has put a number of things into motion
simultaneously. When Mr. Meyer and Staff try to explain what the impact of the changes
are on the City's budget, it is difficult to isolate exactly what the effect of a particular factor
will be.
Ms. McGann reported on the important factors that influence the budget and the tax levy for
2002. She discussed three areas: the 2002 budget, legislative changes, and the impacts to
the community. The proposed 2002 budget is primanly a maintenance and services budget
with two areas of increases, i.e., within the compensation plan as well as union contracts,
and the cost of utilities. The Homestead and Agnculture Credit Aid (HACA) is a State aid
payment previously paid to local governments from the State. For the year 2002, this State
aid payment has been eliminated, therefore, the City has included the amount within the
local levy, and the amount impacts the local levy by approximately $3,000,000. The
legislative session changed the distribution of local government aid, the rationale for the
formula change is based on property wealth within the local government. The City of St.
Louis Park will hold a public budget hearing the first part of December. Schools are now
being funded by the State, however, some referendum levies will be included within one's
property tax statement. Ms. McGann reminded listeners that budget information presented
is based on estimates.
Councilmembers Brimeyer, Latz, Nelson and Sanger expressed their concerns regarding the
legislative changes. Councilmember Sanger thinks it is important the community be aware
of the significant reduction in the amount of money coming into the City in order to provide
basic City services, and to cover basic City services there is little choice but to raise the
City's portion of the tax levy.
Mr. Meyer said the difference between the tax increment generated annually and the funds
that could be raised with an HRA levy are very significant, i.e., the HRA levy would be
measured in hundreds of thousands of dollars and the tax increment is measured in millions.
However, Mr. Meyer added the tax increment has not been nor is it available for general
purposes (public safety and public works), the tax increment was only dedicated for use in
relation to redevelopment types of activities. The proposal would be that the HRA levy
would also be similarly limited to those types of redevelopment activities. Mr. Meyer said
HACA is a$3,000,000 loss and the State has suggested St. Louis Park pick up the loss in a
property tax levy for the City, therefore, St. Louis Park will levy $3,000,000 more in 2002
than was levied in 2001.
It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt
Resolution 01-086 approving the Proposed 2001 Tax Levy, collectible in 2002, the
proposed budget for 2002, revised budget for 2001, and canceling 1987A GO Improvement
Bond Levy.
The motion passed 7-0.
7b. Resolution authorizing an HRA levy Resolution No. 01-087
See the EDA minutes of September 4, 2001, Item 7a, regarding discussion pertaining to
authorization of the HRA levy.
Council Meeting Minutes -5- September 4, 2001
It was moved by Councilmember Young, seconded by Councilmember Santa, to adopt
Resolution 01-087 setting the HRA levy for 2002.
The motion passed 7-0.
7c. Second Reading of an Ordinance deleting licensing of housing compliance
inspectors: City Code Section 16-202.
In regard to the proposal to discontinue use of private, licensed housing inspectors for home
sale inspections, Mr. Manny Camilon, Environmental Health Official, stated the City will be
able to continue prompt and consistent inspections; the City has a limited amount of
insurance when providing inspections for the good of the general public; and the City is
considering flexible scheduling of its inspectors to accommodate evening and weekend
inspections.
Private, licensed inspectors Mr. Lee Kness, 2800 Florida Avenue South, and Mr. Richard D.
Olson, 113 Ninth Avenue S.E. addressed the Council, expressing their disatisfaction with
the proposed ordinance. The private licensed inspectors were doubtful that staff could
adequatly cover the number of inpsections to be done each year and were concerned with a
potential loss of revenue if the City began performing the inspections in house.
Mr. Camilon said the City will charge a one-time fee for both an inspection and a re-
inspection, and the anticipated fee will be $145 to $150.
Councilmember Nelson said no inspection program is being changed or eliminated but
rather the basis of the code is to move to a maintenance code. Councilmember Nelson
added, the point-of-sale inspection is not for the seller or buyer, it is for the greater public
good, and the point-of-sale inspection is not a substitute for a pnvate buyer's inspection.
The City is trying to maintain its housing stock through a consistent inspection program that
is monitored and performed by City Staff.
It was moved by Councilmember Sanger, seconded by Councilmember Young, to approve
Ordinance No. 2205-01 deleting licensing Section 16-202 concerning requirements for
contractor licenses for Housing Compliance Inspectors.
The motion passed 7-0.
7d. The request of Jewish Community Center to change the zoning classification at
4330 South Cedar Lake Road from R-4 Multi-Family Residential to R-1 Single
Family Residential, Preliminary Plat and certain variances to permit the
expansion of a parking lot in association with a proposed building expansion.
Case No. 01-34-Z, -1-35-PP, 01-36-VAR Resolution Nos. 01-088 and 01-089
Mr. Patrick Smith, Planner, reported the Jewish Community Center(JCC) is proposing a
three-story expansion to the north side of their building, which will house 32 classrooms, a
library, music room and a computer lab. A parking lot expansion is being proposed to the
south side of the building and a drop-off turnaround to the new expansion. The JCC is in
the process of purchasing property from St Louis Park on which to expand the proposed
parking lot. At the August 1, 2001 Planning Commission meeting, residents voiced
concerns about the removal of trees, idling cars and buses, and the height of the proposed
building.
Council Meeting Minutes -6- September 4, 2001
Mr. Ross Moen,4325 Douglas Avenue, Golden Valley, designated representative for the
four adjacent Tyrol neighbors, submitted"Suggestions for Minimizing Harmful Impact of
JCC Expansion" and addressed the Council. Mr. Moen seeks relief on the following: an
effective year-round tree barrier, an adjustment in the sewer maintenance schedule, and
request for a requirement of gated access to the proposed turnaround.
Mr. Smith said Staff recommends the JCC plant evergreen trees on the highest portion of the
JCC property, north of the easement; and plant overstory trees on the south side of the
easement, on the 10-foot stnp of land between the easement and the turnaround. Mr. Smith
said all of the sewer repair work will not take place in the near future, i.e., within the next
five years. Mr. Tom Harmening, Community Development Director, stated Public Works is
considering inspecting the sewer line with a camera for the purposes of determining its
condition due to a concern they have regarding construction activity in that area. The sewer
line is a major sanitary sewer line, 36 inches in length, and it is situated in unstable soil.
Mr. Tom Bozen,4545 Cedar Lake Road, addressed the Council regarding the tree issue and
increased traffic. Mr. Smith responded that all tress south of the trail and east of the
property will remain—the number of trees to be removed represents 10% of the trees on
site, therefore, the JCC is not required to replace the trees under the Tree Preservation
Ordinance. Public Works believes the additional traffic will not be problematic.
Mr. Jeffrey Schachtman, executive director of JCC, reported the number of students in the
school will not expand substantially. Mr. Schachtman would like to see a decrease in the
speed on Cedar Lake Road.
Mr. Herb Margolis Seneca Group consultant and project manager, provided details
regarding trees, tree buffers, tree planting, and the elimination of a site line problem.
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve
first reading of rezoning ordinance and second reading for September 24; and to adopt
Resolution No. 01-088 and Resolution No. 01-89 approving the preliminary plat and
certain variances subject to the conditions and stipulations listed in the resolutions.
The motion passed 7-0.
Councilmembers Bnmeyer and Sanger asked if the Council will receive the final landscape
plan between now and the second reading, and the response was yes. Councilmember Latz
stated before going forward a more detailed landscaping plan is crucial to getting additional
feedback from Staff and neighbors in Tyrol as to whether or not Council has gone as far as
possible in meeting their needs for screening.
Mr. Steve Oliver, JCC project architect from Ankeny Kell Architects, will provide gates on
either end of the drive around on the west side of the JCC.
7e. Amendment to resolution approving Final Plat and Final PUD for Park Commons
East Phase One to change the name of the north-south Town Green streets and
separating the plat and PUD resolutions. Case Nos. 01-06-S and 01-07-PUD
Resolution Nos. 01-090 and 01-091
Council Meeting Minutes -7- September 4, 2001
Ms. Jeremiah stated that the issues before the Council were a name change along the Town
Green from Market Avenue to Grand Place, and to separate the resolutions of the final plat
and final PUD to facilitate the recording process with Hennepin County.
Councilmember Young did not support the name Grand Place as it repeated a name being
used for a project at Victoria and Grand in St. Paul. He felt a historical name like
"Hamilton" would be more appropriate.
Mr. Cunningham said that the developer has shown a flexible attitude in naming streets but
felt very strongly that the name "Grand" denotes the level of quality of this development.
TOLD is willing to name individual buildings with historical names, but felt the street name
along the town green should contain the name "Grand".
Councilmember Nelson said that he would vote against naming the street "Grand Place"
noting that he felt it was too suburban.
Sanger concurred with Nelson and Young's comments saying that a more histoncal name
makes sense to her.
Councilmember Bnmeyer asked how important the street name is to marketing the
development. Mr. Cunningham said that a marketable name was very important to the
project and that TOLD would prefer to use the word "Grand" in the street name.
Mayor Jacobs felt that if the name "Grand" would make it easier for marketing the project to
residential and commercial tenants he would not object to its use.
Ms. Jeremiah suggested separating the two resolutions for this evening's action so that the
developer could proceed with recording the final plat. The plat could be recorded as
"Market" and changed by ordinance to a different name more acceptable to the Council at
the same time action took place on the name change for 38/39th Streets.
Councilmember Young suggested that the developer use the name "Grand" followed by
some other name, but not "Grand Place" as this was plagansm and in direct competition
with the developer at Victoria and Grand in St. Paul.
Mayor Jacobs expressed concern that lack of concensus on the name would slow down the
project's progress.
Councilmember Young did not feel further deliberation on the name would slow down the
project's development.
Councilmember Sanger felt that the name of the north/south street along the town green was
very important as is established community image.
Councilmember Latz agreed that our community image was at stake, but was not concerned
about the issue of plagansm and did not feel the name "Grand" would detract from that
image..
Councilmember Latz moved to adopt Resolution No. 01-090 amending the Final Plat,
subject to the conditions stated in the resolution with an additional change in the street
name to read "Grand Way" rather than "Grand Place". The motion was seconded by
Councilmember Brimeyer.
Council Meeting Minutes -8- September 4, 2001
Councilmember Latz went on to say that he would not object if a different name was agreed
upon in the future and acted upon by a separate ordinance.
Councilmember Nelson questioned the necessity for changing to "Grand Way" when the
street was already named "Market Street" and that name could be changed in the future as
well.
Ms. Jeremiah clarified that through the street was onginally approved as "Market", the plat
had not yet been recorded. Therefore the change to "Grand Way" could be done by
resolution. If the name were to change again in the future after being recorded, it would
require action by ordinance.
Mayor Jacobs called for a roll call vote on the motion made by Councilmember Latz.
Latz favor
Nelson oppose
Sanger oppose
Jacobs favor
Santa favor
Young oppose
Brimeyer favor
Motion carried 4-3 with Councilmembers Nelson, Sanger and Young Opposed.
Mr. Cunningham offered that if he has additional suggestions he will bring them to the
Council at a future meeting.
Mr. Scott stated that the wording used by council in the motion did not complete the action
requested to adopt two resolutions approving the Plat and PUD. He suggested a second
motion be made.
Councilmember Latz moved that Council adopt Resolution No. 01-091 approving the final
PUD and variances subject to the conditions stated in the resolution. Motion seconded by
Councilmember Bnmeyer.
The motion passed 7-0
8. Boards and Committees--None
9. Communications--None
10. Adjournment
Mayor Jacobs adjourned the meeting at 10:30 p.m.
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Ci Clerk Ma, or